LAS VEGAS (KTNV) — A former Las Vegas Metro officer convicted of murder may be getting a new trial.
Ronald Mortensen was found guilty in 1997 of a deadly drive-by shooting, but on Monday, a judge vacated his conviction — ruling that key evidence was withheld and the jury wasn't properly instructed on the law.
Former Clark County DA weighs in on the retrial question
It is now close to 30 years later, and Clark County District Attorney Steve Wolfson must decide whether or not to retry the case.
Crime
Judge orders new trial for former police officer convicted in 1996 killing
I spoke with former DA David Roger to learn more about the challenges ahead for Mortensen, who is serving life in prison without parole for the 1996 drive-by shooting and killing Daniel Mendoza.
Serving as district attorney from 2003 to 2012, Roger was never personally involved in Mortensen's case, but he has prosecuted numerous high profile cases and tells me Mortensen's conviction was significant at the time.
"I think the community was shocked that a police officer would be accused of doing a drive-by shooting," Roger said.
"Ron Mortensen is the only police officer who was charged and convicted of an off-duty murder. As far as I recall, no other Metro police officer has been charged and convicted of murder."
The case was built largely on the testimony of another officer, Christopher Brady, who was with Mortensen that night. Both were off duty.
On Dec. 27, 1996, Brady and Mortensen were allegedly driving around recklessly and drunk. Brady later testified that they believed they could intimidate local gang members, drug dealers and residents because they considered them undesirable.
Brady claimed Mortensen pulled the trigger. Mortensen, however, said it was Brady who fired the shots.
But on Monday, U.S. District Court Judge Kent Dawson ruled that prosecutors failed to properly instruct the jury of the three elements of his first-degree murder conviction — premeditation, deliberation and willfulness.
"These cases are always difficult. The law is constantly changing. The premeditation deliberation instruction that was given to the jury was an instruction that had been used many, many times before. In this case, the court found that the instruction was faulty," Roger said.
The judge also found that the state suppressed key evidence — statements suggesting Brady had previously talked about wanting to commit a drive-by shooting.
"This case really isn't about whether law enforcement is getting any special privileges. This was a rogue cop. He was charged and convicted of first-degree murder. This wasn't a shooting that occurred in the course and scope of his duties," Roger said.
Now, the current DA must decide if the state will retry Mortensen — a difficulty decision according to Roger, with aging evidence and witnesses.
Abel Garcia: What challenges do you think that this prosecution now faces if we do decide to retry this case with nearly after three decades of it happening?
David Roger: District Attorney Wolfson’s gonna have to decide whether to retry the case. One of the things that a prosecutor will look at is whether the witnesses are still available.
If the DA chooses not to retry the case, Roger tells me Mortensen will walk free, and that could open the door to costly lawsuits.
"He could sue the state of Nevada and prosecutors for civil rights violations — costing the state millions," Roger said.
Mortensen had made multiple attempts to secure a retrial in the past, but each effort was unsuccessful.
We have reached out to the Clark County District Attorney's office for comment on whether to retry Mortensen. As of Tuesday evening, we have not heard back.
